Archive for April, 2015

How does retirement affect alimony?

In 2012 South Carolina amended the alimony modification statute, S.C. Code § 20-3-170(B), to include specific factors for the family court to consider on whether to modify or terminate alimony when a supporting spouse retires. Those factors are: (1) whether retirement was contemplated when alimony was awarded; (2) the age of the supporting spouse; (3) […]

What ever happened to comity?

I am beginning to pity the South Carolina Court of Appeals. For the third time in less than two months the South Carolina Supreme Court has directed the Court of Appeals to depublish one of its opinions–this time on April 9, 2015 in the case of State v. Starks, 410 S.C. 580, 765 S.E.2d 148 (Ct. […]

Can someone be too demented to consent to sex with a spouse?

There’s an interesting, and quite disturbing, article in the April 14, 2015 New York Times regarding the upcoming trial of Henry Rayhons, a now-former Iowa State Representative who is “charged with third-degree felony sexual abuse, accused of having sex with his wife in a nursing home on May 23, 2014, eight days after staff members […]

Why do mothers (more typically) get custody?

A college student, interested in a career in family law, interviewed me earlier this week for a school project. Mostly he asked questions related to family law and one of his questions expressed a common assumption: Why do mothers get custody? This isn’t an inaccurate assumption. Mothers get custody more often than fathers–although not nearly […]

Court of Appeals affirms custody, property division and fees

Can anyone explain the Court of Appeals’ thought process in what family law decisions it will publish? On April 8, 2015, mere weeks after deigning to publish two TPR reversals that both involved novel legal issues, it published its first family court opinion of 2015 (not counting a revised opinion in Srivastava v. Srivastava, 411 S.C. […]

The family court judge reads what you write

It continually amazes me that folks fail to realize that the family court judge may ultimately read anything they commit to writing and hit send. Often these folks have been long-time participants in the family court system yet they still tend not to grasp this idea. Anyone in family court litigation, or anticipating family court litigation, […]

Two recent unpublished termination of parental rights opinions that should have been published

Within the past week the South Carolina Court of Appeals has issued two unpublished opinions reversing two family court decisions to terminate a parent’s parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of proof. Both cases successfully challenged the statutory ground for termination.  In one of […]

 

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